Draft Blackfoot Constiution Part XI (final part)

["Craven, Jim" <jcraven@xxxxxxxxx>]

Article 69
The Criminal Code of the Blackfoot Nation recognizes that any crime or form
of corruption is a potential assault upon and threat to the fundamental
survival and prosperity of the Blackfoot Nation and whole People.

Article 70
All Judicial proceedings, procedures, findings and sentences must consider
the totality of effects not only on the accused and convicted but also on
the families of the victims and accused or convicted as well as on the
survival and prosperity of the Blackfoot Nation and People. Family relations
and other associates of an accused or convicted person, if not complicit
with that person, shall suffer no penalties, discrimination, revenge or
negative effects from association with the accused or convicted person. In
the event that family relations suffer economic hardship as a result of
conviction and punishment of a convicted person, those persons may draw
material support from the Blackfoot Nation as a whole.

Article 71
All Law, Procedures, Protocols and members of the Judiciary or Police shall
be determined and amended by acts of the Principal Chief, Advisors and
Representatives in accordance with principles set down by those bodies.

Article 72
The Judgment of all disputes involving debts, divorce actions, crimes or any
disputes having implications of loss of resources or liberty shall be the
function of the Judiciary. All sentences involving loss of liberty, fines,
or judgments against personal or communal property must be undertaken by the
Judiciary.

Article 73
The organization, powers, membership and procedures of the Judiciary shall
be determined by acts, appointments and laws enacted by the Principal Chief
and Advisors subject to ratification by two-thirds of the Representatives.
All actions, laws, bills, appointments and policies by the Principal Chief,
Advisors and Representatives may be subject to Constitutional review by the
Blackfoot Supreme Court.

Article 74
Courts and Band Councils shall sit at each separate locality of the
traditional Bands of the Blackfoot Nation. Judges and members of the Band
Councils shall be appointed by the Principal Chief and Advisors from the
membership of the respective Bands if qualified persons are available with
ratification by two-thirds of the voting Representatives and a local Band
referendum. Duration of terms of office for Band Councils and Judges, and
grounds for removal of office holders are to be determined by acts of the
Representatives and ratified by the Principal Chief and Advisors

Article 75
Any officer holder of whatever level, including the Principal Chief and
Advisors, may be impeached for cause to be adjudicated and reviewed for
Constitutionality and Due Process by the Supreme Court of the Blackfoot
Nation. Impeachment may be initiated after conviction of crimes to include
(but not limited to) treason, moral turpitude, corruption, loyalties and
allegiances not consistent with the survival and prosperity of the Blackfoot
Nation, abuse of power and authority, perjury, corruption in elections and
other impeachable offenses to be determined by the Principal Chief, Advisors
and Representatives.

Article 76
All persons charged with any offense are entitled to due process to include
but not be limited by: right to confront all accusers and accusations; right
to be confronted with competent and untainted evidence; right to hearing
free of conflict of interest by adjudicating officials; right to present all
relevant evidence and opinion; right to trial in a timely manner; right to
review of all judicial decisions; right to confront and exclude witness paid
for their testimony; right to consider the totality of causes and effects
relevant to judicial issues and decisions or verdicts by victims as well as
accused.

Article 77
Amendments to the Blackfoot Constitution or any laws may be proposed by the
Principal Chief, Advisors, Representatives or by any Blackfoot Citizen. All
Amendment proposals must be announced and discussed in public meetings with
any Amendments to be ratified by consent of the Principal Chief, consensus
of all of the Advisors and two-thirds affirmative vote of all
Representatives and not merely all voting Representatives.



James Craven
(Blackfoot Name: "Omahkohkiaayo-i'poyi-inaa")
Professor/Consultant Economics; Division (Business) Chairman;
Clark College, 1800 E. McLoughlin Blvd.
Vancouver, WA. 98663
(360) 992-2283; Fax: (360) 992-2863
blkfoot5@xxxxxxxxxxxxx
http://www.home.earthlink.net/~blkfoot5
*My Employer Has No Association With My Private/Protected
Opinion*



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